Hazardous substance spills.
Remediated property; purchaser liability.
Responsibility of lenders and representatives.
Political subdivision negotiation and cost recovery.
Confidentiality of records.
Cooperative remedial action.
Grants to political subdivisions for investigations and remedial action.
Review of alleged violations; environmental repair and cost recovery.
Violations and enforcement; environmental repair and cost recovery.
Ch. 292 Note
Note: 1995 Wis. Act 227
renumbered the provisions of chs. 144, 147, 159 and 162, Stats. 1993-94, to be chs. 280-299, Stats. 1995-96. For a table tracing former section numbers see the Addenda & Errata at the end of Volume 5.
In this chapter:
"Department" means the department of natural resources.
"Discharge" means, but is not limited to, spilling, leaking, pumping, pouring, emitting, emptying or dumping.
"Environmental pollution" means the contaminating or rendering unclean or impure the air, land or waters of the state, or making the same injurious to public health, harmful for commercial or recreational use, or deleterious to fish, bird, animal or plant life.
"Hazardous substance" means any substance or combination of substances including any waste of a solid, semisolid, liquid or gaseous form which may cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or which may pose a substantial present or potential hazard to human health or the environment because of its quantity, concentration or physical, chemical or infectious characteristics. This term includes, but is not limited to, substances which are toxic, corrosive, flammable, irritants, strong sensitizers or explosives as determined by the department.
"Hazardous waste" means any solid waste identified by the department as hazardous under s. 291.05
"Landfill" means a solid waste facility for solid waste disposal.
"Lender" means a bank, credit union, savings bank, savings and loan association, mortgage banker or similar financial institution, the primary business of which is to engage in lending activities or an insurance company, pension fund or government agency engaged in secured lending.
"Lending activities" means advancing funds or credit to and collecting funds from another person; entering into security agreements, including executing mortgages, liens, factoring agreements, accounts receivable financing arrangements, conditional sales, sale and leaseback arrangements and instalment sales contracts; conducting inspections of or monitoring a borrower's business and collateral; providing financial assistance; restructuring or renegotiating the terms of a loan obligation; requiring payment of additional interest; extending the payment period of a loan obligation; initiating foreclosure or other proceedings to enforce a security interest in property before obtaining title; requesting and obtaining the appointment of a receiver; and making decisions related to extending or refusing to extend credit.
"Long-term care" means the routine care, maintenance and monitoring of a solid or hazardous waste facility following closing of the facility.
"Municipality" means any city, town, village, county, county utility district, town sanitary district, public inland lake protection and rehabilitation district or metropolitan sewage district.
"Person" means an individual, owner, operator, corporation, limited liability company, partnership, association, municipality, interstate agency, state agency or federal agency.
"Preventive measures" mean the installation or testing of equipment or devices, a designated way of performing a specified operation or the preparation of an emergency response plan.
"Representative" means any person acting in the capacity of a conservator, guardian, court-appointed receiver, personal representative, executor, administrator, testamentary trustee of a deceased person, trustee of a living trust or fiduciary of real or personal property.
"Secretary" means the secretary of natural resources.
"Site or facility" means, except in ss. 292.35
, an approved facility, an approved mining facility, a nonapproved facility or a waste site.
"Waste site" means any site, other than an approved facility, an approved mining facility or a nonapproved facility, where waste is disposed of regardless of when disposal occurred or where a hazardous substance is discharged before May 21, 1978.
History: 1995 a. 227
Hazardous substance spills. 292.11(2)(a)(a)
A person who possesses or controls a hazardous substance or who causes the discharge of a hazardous substance shall notify the department immediately of any discharge not exempted under sub. (9)
Notification received under this section or information obtained in a notification received under this section may not be used against the person making such a notification in any criminal proceedings.
The department shall designate a 24-hour statewide toll free or collect telephone number whereby notice of any hazardous discharge may be made.
The department shall report notifications that it receives under this subsection related to discharges of agricultural chemicals, as defined in s. 94.73 (1) (a)
, to the department of agriculture, trade and consumer protection. The department shall report notifications under this paragraph according to a memorandum of understanding between the department and the department of agriculture, trade and consumer protection under s. 94.73 (12)
The department shall report notifications that it receives under this subsection related to discharges from petroleum storage tanks, as defined in s. 101.144 (1) (bm)
, to the department of commerce.
A person who possesses or controls a hazardous substance which is discharged or who causes the discharge of a hazardous substance shall take the actions necessary to restore the environment to the extent practicable and minimize the harmful effects from the discharge to the air, lands or waters of this state.